20131270 Ver 1_Stream Call Letter_20131209

AN"
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
December 13, 2013
Michael Mills
1305 Piney Neck Road
Vanceboro, NC 28586
Subject Property: Mills Property Off Street Ferry Road
UT to Swift Creek, Neuse River Basin
John E. Skvarla, III
Secretary
DWQ N 13 -1270
Craven County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Mills:
On December 11, 2013, at request of your agent Mr. Kendall Gaskins of Gaskins Land Surveying, P.A.,
Anthony Scarbraugh conducted an on -site determination to review an unnamed tributary (UT) to Swift
Creek located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233).
The feature is labeled as "13- 1270" on the attached map initialed by Mr. Scarbraugh on December 13,
2013. The project is located approximately 200 feet south of the intersection of SR 1444 (Piney Neck
Road) and.SR 1440 (Streets Ferry Road) in Craven County, NC.
At your request, Mr. Scarbraugh conducted an on -site determination as stated above. During his
review, he evaluated the stream using the DWR Stream Classification Form. He evaluated the stream
reach 13 -1270 at N 35.28537, W 77.15153 found evidence that this is a man -made feature not
constructed for the purposes of navigational access. North Carolina Administrative Code 15A NCAC 02B
.0233 (3)(a)(i) exempts ditches and manmade conveyances other than modified natural streams unless
constructed for navigation or boat access.
The Division of Water Resources (DWR) has determined that the portion of the feature labeled as "13-
1270" on the attached map, and highlighted in red is not subject to the Neuse Buffer Rules. The
feature and its associated buffers should be identified on any future plans for this property. The owner
(or future owners) should notify the DWR (and other relevant agencies) of this decision in any future
correspondences concerning this property. This on -site determination shall expire five (5) years from
the date of this letter.
Water Quality Regional Operations Section
943 Washington Square Mall, Washington, North Carolina 27899
Phone: 252 - 946.64811 FAX: [phone]
Internet: www.rxwater.ore
An Equal Opportunity \ Affametira Action Employer

Michael Mills
DWR # 13 -1270
Stream Determination
Page 2 of 2
The owner (or future owners) should notify the DWR (and other relevant agencies) of this decision in
any future correspondences concerning this property. This on -site determination shall expire five (5)
years from the date of this letter. Landowners or affected parties that dispute a determination made by
the DWR or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule
may request a determination by the Director. A request for a determination by the Director shall be
referred to the Director in writing c/o Karen Higgins, DWR 401 & Buffer Permitting Unit, 1650 Mail
Service Center, Raleigh, NC 27699 -1650. Individuals that dispute a determination by the DWR or
Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants
are hereby notified that the 60 -day statutory appeal time does not start until the affected party
(including downstream and adjacent landowners) is notified of this decision. DWR recommends that the
applicant conduct this notification in order to be certain that third party appeals are made in a timely
manner. To ask for a hearing, send a written petition, which conforms to Chapter 1508 of the North
Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699 -6714. This determination is final and binding unless you ask for a hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any activity within
the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of
the State. If you have any additional questions or require additional information please call Anthony
Scarbraugh in the Washington Regional Office at (252) 948 -3924.
Sincerely,
David May, P.G.
Regional Supervisor
DWR Water Quality Regional Operations Section
Washington Regional Office
Attachment: USGS Topographic 1:24,000 Quadrangle Map "Vanceboro"
cc: DWR 401 & Buffer Permitting Unit
File Copy
Kendall Gaskins, Gaskins Land Surveying, P.A.
PO Box 354, Vanceboro, NC 28586
Filename 13 -1270

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